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Corporate Contributions to PACs

7th Circuit Court of Appeals

Case Name: Indiana Right to Life Victory Fund v. Diego Morales

Case No.: 22-1562

Officials: Easterbrook, Scudder, and Lee, Circuit Judges.

Focus: Corporate Contributions to PACs

The Fund appealed the dismissal of its challenge to Indiana’s prohibition on corporate contributions to political action committees (PACs) for independent expenditures. Following oral argument, the Indiana Right to Life Victory Fund invoked Federal Rule of Evidence 201 and filed what it called “Appellants’ Motion Requesting Judicial Notice.” The Fund’s motion explains that Diego Morales has succeeded Holli Sullivan as Indiana’s Secretary of State and has replaced Sullivan as a party to this case. This process is commonplace in litigation involving public officials—so much so that there is a Federal Rule directly on point. See Fed. R. App. P. 43(c)(2). Under the Federal Rules, the substitution happens automatically and does not require any motion by any party. The Seventh Circuit denied the motion as “unnecessary” and “improper.” Nothing about Morales becoming Secretary of State calls jurisdiction into question

Decided 02/02/23

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